ChildAware - Terms & Conditions

Thank you for creating an account with us.

Our purpose is to assist schools, education and care services, sporting and community organisations, small businesses and other organisations who provide services or facilities to children, and organisations who employ or engage children (Organisations) in managing their child safety obligations and to facilitate their sharing of relevant information with you and other users of our online platform (ChildAware).

Depending on your role at an Organisation, you may be able to do any of the following things (among other things) on ChildAware (referred to as the Services):

access general child safety related information;
upload information and documentation for the purpose of enabling an Organisation you work or volunteer for, are a member of or are otherwise associated with to manage their child safety obligations, including uploading your Working with Children Checks, police checks and qualifications;
access policies and procedures relating to child safety;
access training modules relating to child safety;

access risk management tools such as safety checklists;
submit feedback, complaints and other documentation or information in respect to child safety incidents involving you in any capacity including as a complainant, person who engaged in the conduct, a person who was the subject of the conduct, or as a witness; and
receive or generate incident reports relating to child safety incidents.

Your use of ChildAware is governed by the ChildAware Individual User Terms and Conditions (the Terms) as set out below.

Please read the Terms carefully before using ChildAware. If you do not agree to the Terms, you must not access or use ChildAware.

In the Terms, when we talk about “we”, “our”, or “us”, we are referring to ChildAware Technology Operations Pty Ltd ABN 57 654 343 521. When we talk about “ChildAware” in the Terms, we are referring to our online child safety management platform known as ChildAware. When we talk about “you” or “your”, we are referring to you, an individual user of ChildAware.

Nothing in these terms of use is intended to exclude, restrict or modify any rights which you may have under law which may not be excluded, restricted or modified.

1 INTRODUCTION

To use ChildAware, you will be required to sign up for an account (your Account). You agree to these Terms and Conditions by ticking the box that states that you agree to the ChildAware Individual User Terms and Conditions.
By using ChildAware or otherwise engaging with the content on ChildAware, you represent and warrant that:
1. your right to access ChildAware has not been previously terminated by us; and
2. you are a staff member, parent or guardian of a child or student, child or student, member, volunteer or visitor of an Organisation;
3. one of the following applies:
  1. you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by the Terms; or
  2. you are between 13 and 18 years of age, you have obtained permission from your parent or legal guardian to access and use ChildAware and your parent or legal guardian has read these terms with you.
4. If you are the parent or legal guardian of a person between the between 13 and 18 years of age who intends to use ChildAware, you agree (1) to supervise the minor’s use of ChildAware, (2) to assume all risks associated with, and liabilities resulting from and in connection with, the minor’s use of ChildAware, (3) to ensure that the content on ChildAware is suitable for the minor, (4) to ensure all information submitted to us by the minor is accurate and (5) to be bound by the Terms and to be responsible for the minor’s use of ChildAware.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use ChildAware after we modify our Terms, you will be taken to have agreed to the Terms as modified.

2 NO GUARANTEE OF COMPLIANCE

You acknowledge and agree that:

(no guarantee of compliance) we do not represent, warrant or guarantee that your use of ChildAware will make you compliant with applicable laws;
(regulatory compliance) it is your responsibility to comply with laws applicable to you, including child safety laws;
(no liability) we will have no liability to you or any other person for your non-compliance with applicable law;
(information only) any information provided by us is general in nature, may not be suitable for your circumstances and is in no way provided as legal advice and should be not relied on as such;
(third party content) Child Aware allows for the sharing of information between Organisations and Users. We accept no responsibility for information uploaded or provided by Organisations and Users and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of such information.

3 ACCOUNT REGISTRATION

When you sign up for your Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you are solely responsible for:
1. maintaining the confidentiality and security of your password and other credentials that you use to access your Account (Credentials) and
2. any activities, acts or omissions of any third party that occur under your Credentials, whether those activities have been authorised by you or not.
You agree to:
1. take reasonable precautions to ensure that only you will access your Account and that you will not share Credentials with or otherwise grant access to, or permit, access to your Account by any other person;
2. immediately inform us if you become aware of, or suspect, any misuse or unauthorised use of your Credentials or unusual activity on your Account.
We will not be responsible to you for, and expressly disclaim any liability for, any cost, liability, claims, loss, damages or expenses (Loss) arising out of or in connection with a failure by you to comply with the requirements of this section 3 or to otherwise maintain the confidentiality or security of your Credentials and other information relating to your Account.

4 LICENCE

By signing up for an Account, you are granted a revocable, royalty-free, non-sublicensable and non-transferable licence to use ChildAware for the purpose of receiving and using the Services in accordance with these Terms (Purpose).

5 USER DATA

In using ChildAware you may upload documents, information or any other materials to ChildAware (User Data).
You grant to us (and our directors, employees and contractors) a non-exclusive, sublicensable, royalty free, transferable, worldwide and irrevocable licence to use your User Data for the purposes of making ChildAware available, providing the Services and any ancillary or similar services in future to you, other users and Organisations, and for our internal reporting.
You:
1. warrant that you have all necessary rights to upload User Data to ChildAware and that our use of User Data will not infringe any third-party intellectual property rights; and
2. indemnify us from and against any and all Loss (including but not limited to our professional costs and expenses) arising out or in connection with a breach of this warranty provided in clause 5(c)(i) and any claim brought or threatened against us by a third party alleging that any of your User Data infringes their intellectual property rights.

6 LINKED ORGANISATION ACCOUNTS AND USERS

ChildAware provides the function of allowing you to link your Account to one or more Organisation (Organisation Accounts). You acknowledge and agree that:
1. you may only to link your Account with an Organisation Account where:
  1. you receive an invitation from an Organisation to link your Account with their Organisation Account; or
  2. you send a request to the Organisation Account via ChildAware and that request is approved by the administrator of the Organisation Account;
2. you will only send requests to link your Account to an Organisastion Account where you are a staff member, member, parent or guardian of a child or student, child or student, volunteer or visitor of the Organisation holding that Organisation Account;
3. once your Account has been linked with an Organisation Account (Linked Organisation) your User Data, as well as the names of your other Linked Organisations and your position held at those organisations, will be shared with your Linked Organisation;
4. either you or your Linked Organisation may at any time terminate the connection between your Account and the Linked Organisation; and
5. we hold some of your User Data for Linked Organisation as required to enable the Linked Organisations to comply with their legal obligations, therefore, where you or a Linked Organisation terminate the linking of your Account and the Organisation Account, or your access to ChildAware or your Account is terminated or your cancel your Account, we may need to retain any such information and continue to share it with that Linked Organisation.
ChildAware also provides the function of allowing a parent or legal guardian to link their individual user account to their child’s individual user account (Parent-Child Account Linking). You acknowledge and agree that:
1. only the parent or legal guardian of a child is permitted to send a request to that child to link their individual user accounts;
2. the parent or legal guardian sending this request must know their child’s ChildAware identification code in order to send this request;
3. a child who is sent a request from their parent or legal guardian to link their individual user accounts must consent to the linking of their individual user accounts;
4. any Linked Organisations will be able to view the individual user accounts that are linked to your Account by Parent-Child Account Linking; and
5. either you or the child may at any time terminate the Parent-Child Account Linking.

7 YOUR USE OF CHILDAWARE

7.1 UNLAWFUL USE

You must not access ChildAware or use the Services unlawfully or for an unlawful purpose.

In particular you agree not to:

use ChildAware to intimidate, harass, impersonate, stalk, threaten, bully or endanger anyone (including another user) or distribute unsolicited commercial content, junk mail, spam, bulk content to anyone (including another user);
use ChildAware in a manner that is illegal or fraudulent or facilitates an illegal or fraudulent activity;
act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or ChildAware;
upload, transmit, access or download any material which:
1. is harmful, discriminatory, racist, defamatory, maliciously false, obscene or is invasive to another person’s privacy;
2. contains any viruses or other harmful code, or otherwise compromises the security or integrity of any network or system; and
attempt to breach the security or otherwise interfere with the normal function of ChildAware or our systems, including by gaining unauthorised access to accounts or data about other users.

7.2 CONTENT AND INTELLECTUAL PROPERTY

The materials which you may have access to through your use of ChildAware or the Services (including text, graphics, logos, icons, sound recordings, documents, checklists and software, but excluding your User Data) (Content) may be subject to intellectual property rights that are owned by us or licensed to us or third parties.
Except where you have received prior written approval from us:
1. You can only access, use and share the Content for the Purpose; and
2. You must not modify the Content or publish it outside the Platform.
You must not plagiarise any of the Content, or pass off any Content as your own work or content or otherwise infringe any of our or a third party’s intellectual property rights (including any moral rights),
You must always appropriately acknowledge the contribution of any author of the Content you are sharing.

7.3 COMPLIANCE, MONITORING AND SUSPENSION

You acknowledge that we have the right to monitor your access to or use of ChildAware, the Content and the Services, for the purpose of operating ChildAware, or to ensure compliance with the Terms, or to comply with any law or order of a court.
If you access ChildAware or the Content or use the Services in breach of the Terms, we may suspend or terminate your access to the Website or the Services.
We reserve the right to remove any User Data uploaded, transmitted or downloaded in breach of 5(c)(i) or 7.1(d).
You will indemnify ChildAware for any Loss (including but not limited to our professional costs and expenses) suffered or incurred arising out of or in connection with:
1. your use of ChildAware;
2. your non-compliance with applicable law; or
3. your breach of the Terms,
  except to the limited extent that the loss is directly attributable to the negligence, wrongful act or wrongful omission of ChildAware.

8 THIRD PARTIES

8.1 THIRD PARTY CONTENT

Through your use of ChildAware, you may access Content provided by a third party (such as by other Users or Organisations) (Third Party Content). We are not responsible for any Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

8.2 THIRD PARTY LINKS, PRODUCTS AND SERVICES

ChildAware may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
ChildAware, the Content or Services may incorporate third party products and services. You agree to comply with any third party terms and conditions notified to you by us from time to time. We will not be liable for any Loss suffered by you in connection with your use of third party products, service, systems, application or sites interfaced with ChildAware.

9 CHILDAWARE PROVIDED ‘AS IS’

ChildAware is made available to you strictly on an ‘as is’ and ‘as available’ basis.
We do not guarantee, and make no warranties, to the extent permitted by law, that:
1. ChildAware will be free from errors or defects;
2. ChildAware will function as intended, be uninterrupted or that any of its functionalities will be accessible or available at all times; and
3. the Content, or the facilities that make ChildAware available, will not cause damage or are free from any computer virus or any other defects or errors.

10 CONFIDENTIAL INFORMATION AND PRIVACY

10.1 CONFIDENTIAL INFORMATION

You agree to keep any of our Confidential Information confidential, not use or disclose it other than as expressly permitted by us, and to take all steps as may be reasonably necessary to safeguard the confidentiality of our Confidential Information.
For the purpose of clause 10.1(a), Confidential Information means any information regarding our business or affairs, customers, employees, contractors or volunteers of, or other persons doing business with us, which is by its nature confidential, or which is designated as confidential by us, or which you know, or ought to know, is confidential.

10.2 PRIVACY

You acknowledge and agree that:
1. ChildAware will collect, use, disclose, store or otherwise handle your personal information in accordance with our privacy policy located at childaware.com (Privacy Policy);
2. you have read and understood the Privacy Policy; and
3. if you are between 13 and 18 years of age, your parent or legal guardian has read the Privacy Policy with you.
If you access personal information when accessing ChildAware or using the Services, you may only use this information as necessary to help us provide the Services or receive them and, in accordance with ChildAware’s Privacy Policy
If you provide any personal information about a third party, you must obtain any consent from this third party as required by law and ensure that that third party has read this clause and the Privacy Policy, except where informing that third party would involve a risk for your life, health or safety or that of another individual.

11 WARRANTIES

To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.
Where any law implies a condition, warranty or guarantee into the Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our and our employees’, contractors’ and agents’ liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the Services again.

12 LIMITATION OF LIABILITY

(Liability) To the maximum extent permitted by applicable law, we limit all liability in aggregate of all claims to you for Loss of any kind, however arising whether in contract, tort, statute, equity, indemnity or otherwise, and not caused by our negligence or fraud, arising out of ChildAware, the Services or Content or relating in any way to the Terms, to $100.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any Loss suffered or incurred by you which does not arise naturally (that is, according to the usual course of things), from our breach of the Terms, (except to the extent this liability cannot be excluded under applicable law). Such losses include but are not limited to incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with your access to and use of ChildAware.
Our liability to you for Loss of any kind arising out of these Terms, the Content or the Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.

13 SUSPENSION AND CANCELLATION

13.1 CANCELLATION BY YOU

You can cancel your Account at any time by using the functionality provided in ChildAware.

13.2 SUSPENSION OR CANCELLATION BY US

To the extent permitted by law, we reserve the right to suspend or limit your access to ChildAware, cancel your Account and terminate your access to any part or all of ChildAware at any time without notice, for any reason, including if you breach any provision of the Terms.

13.3 EFFECT OF CANCELLATION

In the event of the cancellation of your Account in accordance with the Terms, your access to ChildAware and your Account will cease.
Cancellation of your account in accordance with the Terms will not affect any rights accruing to any party to the date of cancellation, nor any obligation performed to the date of cancellation, or any obligation which expressly or impliedly survives cancellation of your Account.
Subject to 6(a)(v), we have no obligation to store or provide access to your User Data after cancellation of your Account or termination of your access to the relevant part of ChildAware. We may delete or remove any of your User Data stored on ChildAware after 3 months from the date of cancellation or termination. We will not be liable to you for any loss of your User Data upon termination of the Terms.

14 CONTACT US

If you have any questions about the Terms, please feel free to contact us at [email protected].

ChildAware Individual User Terms & Conditions